UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana)
CIVIL DOCKET FOR CASE #: 8:12-cv-00280-AG-MLG
Marla James et al v. United States of America et al Assigned to: Judge Andrew J. Guilford Referred to: Magistrate Judge Marc L. Goldman
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Date Filed: 02/22/2012 Jury Demand: None Nature of Suit: 441 Civil Rights: Voting Jurisdiction: U.S. Government Defendant |
| Plaintiff | ||
| Marla James | represented by | Charles Michael Farano 22641 Lake Forest Drive B5 107 Lake Forest, CA 92630 949-382-1485 Fax: 949-242-2605 Email: cfarano@faranolaw.com ATTORNEY TO BE NOTICED David Ryan Welch 22641 Lake Forest Drive B5 107 Lake Forest, CA 92630 949-382-1485 Fax: 949-242-2605 Email: dwelch@drwelchlaw.com ATTORNEY TO BE NOTICED Matthew S Pappas 22641 Lake Forest Drive B5 107 Lake Forest, CA 92630 949-382-1485 Fax: 949-242-2605 Email: Matt.Pappas@mattpappaslaw.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Katherine Aldrich | represented by | Charles Michael Farano (See above for address) ATTORNEY TO BE NOTICED David Ryan Welch (See above for address) ATTORNEY TO BE NOTICED Matthew S Pappas (See above for address) ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Victoria Pappas | represented by | Charles Michael Farano (See above for address) ATTORNEY TO BE NOTICED David Ryan Welch (See above for address) ATTORNEY TO BE NOTICED Matthew S Pappas (See above for address) ATTORNEY TO BE NOTICED |
V. |
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| Defendant | ||
| United States of America | ||
| Defendant | ||
| City of Costa Mesa California | ||
| Defendant | ||
| City of Lake Forest California | represented by | Daniel S Roberts Best Best and Krieger LLP 5 Park Plaza Suite 1500 Irvine, CA 92614 949-263-2600 Fax: 949-260-0972 Email: daniel.roberts@bbklaw.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Eric Holder in his capacity as Attorney General of the United States |
| Date Filed | # | Docket Text |
|---|---|---|
| 02/22/2012 | 1 | COMPLAINT against Defendants City of Costa Mesa California, City of Lake Forest California, Eric Holder, and United States of America. Case assigned to Judge James V. Selna for all further proceedings. Discovery referred to Magistrate Judge Robert N. Block. (Filing fee $350.00 PAID). Filed by plaintiffs Marla James, Victoria Pappas, and Katherine Aldrich.(rrp) (rrp). (Entered: 02/22/2012) |
| 02/22/2012 | 30 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant City of Costa Mesa California. (rrp) (Entered: 02/22/2012) | |
| 02/22/2012 | 30 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant City of Lake Forest California. (rrp) (Entered: 02/22/2012) | |
| 02/22/2012 | 60 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant United States of America. (rrp) (Entered: 02/22/2012) | |
| 02/22/2012 | 60 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant Eric Holder. (rrp) (Entered: 02/22/2012) | |
| 02/22/2012 | 2 | CERTIFICATE of Interested Parties filed by Plaintiffs Katherine Aldrich, Marla James, and Victoria Pappas. (rrp) (rrp). (Entered: 02/22/2012) |
| 02/22/2012 | 3 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(rrp) (Entered: 02/22/2012) |
| 02/22/2012 | 4 | EX PARTE APPLICATION for Temporary Restraining Order and for Order to Show Cause why Defendant United States should not be Preliminarily Enjoined from Ordering Closure of Medical Marijuana Collectives in Costa Mesa, California filed by plaintiffs Katherine Aldrich, Marla James, and Victoria Pappas.(rrp) (rrp). (Entered: 02/22/2012) |
| 02/22/2012 | 5 | MEMORANDUM of Points and Authorities in Support of EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause why Defendant United States should not be Preliminarily Enjoined from Ordering Closure of Medical Marijuana Collectives in Costa Mesa, California 4 filed by Plaintiffs Katherine Aldrich, Marla James, Victoria Pappas. (rrp) (rrp). (Entered: 02/22/2012) |
| 02/22/2012 | 6 | ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: SACV10-00402 AG (MLGx). Case transferred from Magistrate Judge Robert N. Block and Judge James V. Selna to Judge Andrew J. Guilford and Magistrate Judge Marc L. Goldman for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV12-00280 AG (MLGx). Signed by Judge Andrew J. Guilford. (rrp) (Entered: 02/22/2012) |
| 02/24/2012 | 7 | MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: DENYING EX PARTE APPLICATION 4 : (See document for details.) A hearing to show cause why a preliminary injunction should not issue is set for March 26, 2012 at 10:00 a.m. Defendants may file an Opposition to Plaintiffs Ex Parte Application no later than March 5, 2012. Plaintiffs may file a Reply no later than March 12, 2012. (rla) (Entered: 02/24/2012) |
| 02/26/2012 | 8 | REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF EX PARTE APPLICATION filed by Plaintiffs Katherine Aldrich, Marla James, Victoria Pappas. (Pappas, Matthew) (Entered: 02/26/2012) |
| 02/28/2012 | 9 | PROOF OF SERVICE Executed by Plaintiff Marla James, Victoria Pappas, Katherine Aldrich, upon Defendant City of Lake Forest California served on 2/27/2012, answer due 3/28/2012. Served at City of Lake Forest California and then by mail service. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. The officer agency or corporation was NOT served. Service was executed in compliance with California Code of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (twdb) (Entered: 02/28/2012) |
| 02/28/2012 | 10 | PROOF OF SERVICE Executed by Plaintiff Marla James, Victoria Pappas, Katherine Aldrich, upon Defendant Eric Holder served on 2/27/2012, answer due 4/27/2012. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Maria (last name not legible), Legal Assistant. Executed upon the Attorney Generals Office of the United States by unspecified means. Mailed to US Attorney, Civil Intake. Executed upon the officer agency or corporation by unspecified means. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (twdb) (Entered: 02/28/2012) |
| 02/28/2012 | 11 | PROOF OF SERVICE Executed by Plaintiff Marla James, Victoria Pappas, Katherine Aldrich, upon Defendant United States of America served on 2/27/2012, answer due 4/27/2012. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Maria Ballard Legal Assistant authorized to accept service. Executed upon the Attorney Generals Office of the United States by mail service also. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (twdb) (Entered: 02/28/2012) |
| 02/28/2012 | 12 | PROOF OF SERVICE Executed by Plaintiff Marla James, Victoria Pappas, Katherine Aldrich, upon Defendant City of Costa Mesa California served on 2/27/2012, answer due 3/19/2012. Service of the Summons and Complaint were executed upon not indicated in compliance with California Code of Civil Procedure. Original Summons NOT returned. (twdb) (Entered: 02/28/2012) |
| 03/05/2012 | 13 | MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to for Order to Show Cause why Defendant United States should not be Preliminarily Enjoined from Ordering Closure of Medical Marijuana Collectives in Costa Mesa, California 4 filed by Defendants Eric Holder, United States of America. (Attachments: # 1 Proposed Order)(Wyer, Kathryn) (Entered: 03/05/2012) |
| 03/12/2012 | 14 | REPLY Support of Preliminary Injunction filed by Plaintiffs Katherine Aldrich, Marla James, Victoria Pappas. (Pappas, Matthew) (Entered: 03/12/2012) |
| 03/12/2012 | 15 | REQUEST FOR JUDICIAL NOTICE (SECOND) IN SUPPORT OF PRELIMINARY INJUNCTION filed by Plaintiffs Katherine Aldrich, Marla James, Victoria Pappas. (Pappas, Matthew) (Entered: 03/12/2012) |
| 03/25/2012 | 16 | REQUEST FOR JUDICIAL NOTICE (THIRD) IN SUPPORT OF PRELIMINARY INJUNCTION filed by Plaintiffs Katherine Aldrich, Marla James, Victoria Pappas. (Pappas, Matthew) (Entered: 03/25/2012) |
| 03/26/2012 | 17 | SUPPLEMENT to EX PARTE APPLICATION for Temporary Restraining Order as to for Order to Show Cause why Defendant United States should not be Preliminarily Enjoined from Ordering Closure of Medical Marijuana Collectives in Costa Mesa, California 4 [PROPOSED] SUPPLEMENTAL BRIEF AND APPLICATION filed by Plaintiffs Katherine Aldrich, Marla James, Victoria Pappas. (Pappas, Matthew) (Entered: 03/26/2012) |
| 03/26/2012 | 22 | MINUTES OF Hearing Re: Order to Show Cause Re: Preliminary Injunction, held before Judge Andrew J. Guilford. Cause is called for hearing and counsel make their appearances. Matter is argued and taken under submission. Court Reporter: Denise Paddock. (dro) (Entered: 04/05/2012) |
| 03/28/2012 | 18 | OBJECTION in opposition to re: EX PARTE APPLICATION for Temporary Restraining Order as to for Order to Show Cause why Defendant United States should not be Preliminarily Enjoined from Ordering Closure of Medical Marijuana Collectives in Costa Mesa, California 4 (objection to plaintiffs' application to allow additional briefing and proposed supplemental brief) filed by Defendants Eric Holder, United States of America. (Wyer, Kathryn) (Entered: 03/28/2012) |
| 04/03/2012 | 19 | REQUEST FOR JUDICIAL NOTICE (FOURTH) filed by Plaintiffs Katherine Aldrich, Marla James, Victoria Pappas. (Pappas, Matthew) (Entered: 04/03/2012) |
| 04/04/2012 | 20 | STIPULATION Extending Time to Answer the complaint as to City of Lake Forest California answer now due 4/27/2012; City of Costa Mesa California answer now due 4/27/2012, re Complaint - (Discovery), Complaint - (Discovery) 1 , Summons Issued, Summons Issued filed by Defendant City of Lake Forest California. (Attachments: # 1 Proof of Service)(Roberts, Daniel) (Entered: 04/04/2012) |
| 04/04/2012 | 21 | OBJECTIONS to Request for Judicial Notice 19 filed by Defendants Eric Holder, United States of America. (Wyer, Kathryn) (Entered: 04/04/2012) |
| General Docket United States Court of Appeals for the Ninth Circuit |
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| MARLA JAMES Plaintiff - Appellant, |
Matthew Scott Pappas Direct: 949-371-7881 [COR LD NTC Retained] Law Office of Matthew Pappas Firm: 949-371-7881 24611 Spadra Lane Mission Viejo, CA 92691 |
| WAYNE WASHINGTON Plaintiff - Appellant, |
Matthew Scott Pappas Direct: 949-371-7881 [COR LD NTC Retained] (see above) |
| JAMES ARMANTROUT Plaintiff - Appellant, |
Matthew Scott Pappas Direct: 949-371-7881 [COR LD NTC Retained] (see above) |
| CHARLES DANIEL DEJONG Plaintiff - Appellant, |
Matthew Scott Pappas Direct: 949-371-7881 [COR LD NTC Retained] (see above) |
| v. |
|
| THE CITY OF COSTA MESA, a city incorporated under the laws of the State of California Defendant - Appellee, |
Elena Q. Gerli Direct: 714-446-1400 [COR LD NTC Retained] JONES & MAYER 3777 N. Harbor Blvd. Fullerton, CA 92835 Krista MacNevin Jee, Esquire, Attorney Direct: 714-446-1400 [COR LD NTC Retained] JONES & MAYER 3777 N. Harbor Blvd. Fullerton, CA 92835 James Touchstone Direct: 714-446-1400 [COR LD NTC Retained] JONES & MAYER 3777 N. Harbor Blvd. Fullerton, CA 92835 |
| THE CITY OF LAKE FOREST, a city incorporated under the laws of the State of California Defendant - Appellee, |
Jeffrey Vincent Dunn, Esquire, Principal Litigation Counsel Direct: 949-263-2600 [COR LD NTC Retained] Best Best & Krieger, LLP Suite 1500 5 Park Plaza Irvine, CA 92614 Daniel Scott Roberts [COR LD NTC Retained] BEST BEST & KRIEGER LLP Ste. 1500 Firm: 949-263-2600 5 Park Plaza Irvine, CA 92614 Scott C. Smith, Esquire, Attorney Direct: 949-263-6561 [COR LD NTC Retained] BEST BEST & KRIEGER LLP Suite 1500 Firm: 949-263-2600 5 Park Plaza Irvine, CA 92614 |
| ------------------------------ |
|
| UNITED STATES OF AMERICA Amicus Curiae, |
Roscoe Jones, Jr. Direct: 202-305-7347 [COR LD NTC Government] U.S. DEPARTMENT OF JUSTICE Ben Franklin Station P.O.Box 14403 Washington, DC 20044-4403 Dana Joan Martin, Attorney Direct: 202-514-5377 [COR LD NTC Government] DOJ - U.S. Department of Justice Civil Division - Appellate Staff Room 7246 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Mark Lenard Gross, Esquire, Deputy Chief Counsel Direct: 202-514-2172 [COR NTC Government] DOJ - U.S. DEPARTMENT OF JUSTICE Civil Rights Division/Appellate Section P.O. Box 14403, Ben Franklin Station Washington, DC 20044-4403 |
| MARLA JAMES; WAYNE WASHINGTON; JAMES ARMANTROUT; CHARLES DANIEL DEJONG, Plaintiffs - Appellants, v. THE CITY OF COSTA MESA, a city incorporated under the laws of the State of California; THE CITY OF LAKE FOREST, a city incorporated under the laws of the State of California, Defendants - Appellees. |
| 05/14/2010 | 3 | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: No. Referred to MOATT pursuant to FRAP 3-3. ALL FILINGS ARE TO BE SENT DIRECTLY TO MOATT. (PRELIMINARY INJUNCTION APPEAL) [7338288] (BG) |
| 05/14/2010 | 1 2 pg, 16.24 KB |
Filed representation notice of Matthew S. Pappas for Appellants. Served on 05/14/2010. [7338261] (BG) |
| 05/14/2010 | 2 4 pg, 45.5 KB |
Filed Appellants James Armantrout, Charles Daniel DeJong, Marla James and Wayne Washington Mediation Questionnaire. Served on 05/14/2010. [7338267] (BG) |
| 05/14/2010 | 4 2 pg, 28.83 KB |
Filed order MOATT: (KKC) Setting schedule as follows: Appellant James Armantrout, Appellant Charles Daniel DeJong, Appellant Marla James and Appellant Wayne Washington opening brief due 06/11/2010. Appellee The City of Costa Mesa and Appellee The City of Lake Forest answering brief due 07/09/2010. Appellant's optional reply brief is due 14 days after service of the answering brief.. [7338434] (DAF) |
| 05/21/2010 | 5 1 pg, 75.29 KB |
Received designation of reporter's transcript form. [7348324] (RL) |
| 05/27/2010 | 6 2 pg, 26.29 KB |
Filed order MEDIATION (VLS): Based on a review of the Mediation Questionnaire, this case is not selected for inclusion in the Mediation Program. The existing briefing schedule remains in effect. [7351766] (SC) |
| 05/27/2010 | 7 2 pg, 28.53 KB |
Filed clerk order (Deputy Clerk:AM): The appeal filed May 14, 2010 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than June 11, 2010; the answering brief is due July 9, 2010 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). If appellant fails to file timely the opening brief, this appeal will be dismissed automatically by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [7353046] (SC) |
| 06/09/2010 | 8 100 pg, 986.3 KB |
Submitted (ECF) Opening brief for review. Submitted by Appellants James Armantrout, Charles Daniel DeJong, Marla James and Wayne Washington. Date of service: 06/09/2010. [7365997]--[COURT UPDATE replaced corrected brief; resent notice 06/09/2010 by MS] (MSP) |
| 06/09/2010 | 9 1 pg, 80.39 KB |
Filed clerk order: The opening brief [8] submitted by James Armantrout, Charles Daniel DeJong, Marla James and Wayne Washington is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a blue cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7366810] (LA) |
| 06/14/2010 | 10 | Filed Appellants' excerpts of record in 1 volume. Served on 06/09/2010. [7371071] (LA) |
| 06/23/2010 | 11 1 pg, 77.8 KB |
Received designation of reporter's transcript form. [7382593] (RL) |
| 06/29/2010 | 12 1 pg, 58.23 KB |
Filed certificate of record on appeal. RT filed in DC 06/26/10 [7390021] (RL) |
| 07/02/2010 | 13 1 pg, 23.27 KB |
Filed clerk order (Deputy Clerk:AM): This is a preliminary injunction appeal. The oral motion for a 14-day extension of time to file the answering brief is granted. The answering brief is now due July 21, 2010 and the optional reply brief is due within 14 days after service of the answering brief. [7393295] (SC) |
| 07/21/2010 | 14 52 pg, 447.22 KB |
Submitted (ECF) Answering brief for review. Submitted by Appellee The City of Lake Forest. Date of service: 07/21/2010. [7413570] (DSR) |
| 07/21/2010 | 15 55 pg, 854.78 KB |
Submitted (ECF) Answering brief for review. Submitted by Appellee The City of Costa Mesa. Date of service: 07/21/2010. [7413629]--[COURT UPDATE: replaced corrected brief to include statement of related cases and removed Motion to take judicial notice. 07/23/2010 by MS]--[COURT UPDATE: attached the certificate of service for the brief. 07/27/2010 by MS] (KMJ) |
| 07/22/2010 | 16 2 pg, 81.08 KB |
Filed clerk order: The answering brief [14] submitted by The City of Lake Forest is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7414872] (LA) |
| 07/23/2010 | 17 | Filed Appellee The City of Lake Forest supplemental excerpts of record on appeal in 1 volume. [7416188] (LA) |
| 07/23/2010 | 18 8 pg, 406.36 KB |
Filed (ECF) Appellee The City of Costa Mesa Stipulated Motion to take judicial notice of Attorney General Memorandum. Date of service: 07/23/2010. [7416473] (KMJ) |
| 07/26/2010 | 20 | Received 7 paper copies of Answering brief [14] filed by The City of Lake Forest. [7418870] (SD) |
| 07/27/2010 | 19 2 pg, 81.13 KB |
Filed clerk order: The answering brief [15] submitted by The City of Costa Mesa is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7418672] (LA) |
| 08/02/2010 | 23 | Received 7 paper copies of Answering brief [15] filed by The City of Costa Mesa. [7426895] (SD) |
| 08/03/2010 | 21 42 pg, 186.52 KB |
Submitted (ECF) Reply brief for review. Submitted by Appellants James Armantrout, Charles Daniel DeJong, Marla James and Wayne Washington. Date of service: 08/03/2010. [7426431] (MSP) |
| 08/03/2010 | 22 1 pg, 80.75 KB |
Filed clerk order: The reply brief [21] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a gray cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7426659] (LA) |
| 08/06/2010 | 24 | Received 7 paper copies of Reply brief [21] filed by Appellants. [7431521] (SD) |
| 03/25/2011 | 25 | Received 7 paper copies of Opening brief [8] filed by James Armantrout, Charles Daniel DeJong, Marla James and Wayne Washington [SENT TO PANEL]. [7696018] (YA) |
| 03/30/2011 | 26 9 pg, 178.48 KB |
Notice of Oral Argument on MAY Calendar. Please return ACKNOWLEDGMENT OF HEARING NOTICE form to: PASADENA Office. Attention: The Notice of Docket Activity may not list your case number. Please open attached documents to view details about your case. [7699621] (LN) |
| 04/20/2011 | 27 3 pg, 33.55 KB |
Filed clerk order (Deputy Clerk:BJB): The court invites the views of the United States on the following question: Whether the term "illegal use of drugs," as defined in 42 U.S.C. § 12210(d), includes use of marijuana taken under doctor supervision. The plaintiffs, who brought this action under Title II of the Americans with Disabilities Act (ADA), argue that their use of marijuana for medical purposes is excluded from the ADA's definition of "illegal use of drugs" because they take marijuana "under supervision by a licensed health care professional." 42 U.S.C. § 12210(d)(1). The defendants argue that medical marijuana use falls within the definition of "illegal use of drugs" because it is not "authorized by the Controlled Substances Act" (CSA). 42 U.S.C. § 12210(d)(1). They also point out that, as a Schedule I substance, marijuana has "no currently accepted medical use in treatment" under the CSA, 21 U.S.C. § 812(b)(1)(B), and that the CSA does not expressly authorize dispensation of Schedule I substances by prescription, see 21 U.S.C. § 829. The court invites the views of the United States because its interests in enforcing both Title II of the ADA and the CSA are implicated by the legal issue presented in this appeal. See 42 U.S.C. § 12134; 28 C.F.R. § 35.190; Memorandum from Deputy Att'y Gen. David W. Ogden to Selected United States Attorneys (Oct. 19, 2009). Our phrasing of the question presented does not prevent the United States from reformulating the question, or from considering any other issues presented in the parties' briefs. If the United States wishes to file a brief as amicus curiae responding to this order, it is granted leave to do so pursuant to Federal Rule of Appellate Procedure 29(a). The brief should be filed within 45 days from the filed date of this order and comply with the page or type-volume limitations set forth in Federal Rules of Appellate Procedure 29(d) and 32(a)(7). Parties who are registered for ECF must file the amicus brief electronically without submission of paper copies. Parties who are not registered ECF filers must file the original amicus brief plus four paper copies. The parties' briefs are available to the United States in electronic form on the court's ECF system. [7723902] (BJB) |
| 04/26/2011 | 28 1 pg, 9.42 KB |
Terminated Laura Dahl for The City of Lake Forest in 10-55769 [7730377] (PH) |
| 05/06/2011 | 29 | ARGUED AND SUBMITTED TO HARRY PREGERSON, RAYMOND C. FISHER and MARSHA S. BERZON. [7743164] (FB) |
| 06/17/2011 | 30 2 pg, 26.31 KB |
Filed (ECF) United States of America Motion to extend time to file amicus brief until 08/02/2011 at 08:00 pm. Date of service: 06/17/2011. [7789640] (DJM) |
| 06/17/2011 | 31 | Entered appearance of Amicus Curiae USA. [7790319] (HH) |
| 06/20/2011 | 32 1 pg, 27.52 KB |
Filed order (HARRY PREGERSON, RAYMOND C. FISHER and MARSHA S. BERZON) We construe the letter from the Department of Justice, filed June 17, 2011, as a late motion for an extension of time to file an amicus brief. So construed, the motion is GRANTED. Any amicus brief filed pursuant to the court's invitation shall be filed by August 2, 2011. [7791867] (BJB) |
| 07/13/2011 | 33 3 pg, 151.39 KB |
Filed Appellee The City of Lake Forest additional citations. Served on 07/11/2011. (panel) [7818765] (RL) |
| 08/02/2011 | 34 37 pg, 70.57 KB |
Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by United States of America. Date of service: 08/02/2011. [7840761] (RJ) |
| 08/02/2011 | 35 | Added attorney Roscoe Jones Jr. for amicus USA, in case 10-55769. [7840817] (LA) |
| 08/02/2011 | 36 1 pg, 80.02 KB |
Filed clerk order: The amicus brief [34] submitted by USA is filed. No paper copies of this brief are required. [7840826] (LA) |
| 08/09/2011 | 37 2 pg, 649.47 KB |
Filed (ECF) notice of appearance of Mark, L., Gross for Amicus Curiae USA. Date of service: 08/09/2011. [7849443] (MLG) |
| 08/09/2011 | 38 | Added attorney Mark Lenard Gross for USA. [7849621] (RL) |
| 08/10/2011 | 39 1 pg, 23.69 KB |
Filed order (HARRY PREGERSON, RAYMOND C. FISHER and MARSHA S. BERZON) The parties are requested to file supplemental briefs addressing the Brief for the United States as Amicus Curiae, filed August 2, 2011. These supplemental briefs shall be no longer than 15 pages or 4,200 words, and shall be filed no later than 21 days after entry of this order. Parties who are registered for ECF must file the supplemental brief electronically. [7851451] (BJB) |
| 08/30/2011 | 40 32 pg, 132.2 KB |
Submitted (ECF) Supplemental brief for review. Submitted by Appellants James Armantrout, Charles Daniel DeJong, Marla James and Wayne Washington. Date of service: 08/30/2011. [7877033] --[COURT UPDATE: Replaced PDF of brief (to remove exhbits, see entry [45] below. Edited docket text to reflect the content of the filing. Resent NDA. 09/02/2011 by DB] (MSP) |
| 08/31/2011 | 41 16 pg, 406.51 KB |
Submitted (ECF) Supplemental brief for review. Submitted by Appellee The City of Costa Mesa. Date of service: 08/31/2011. [7878536]--[COURT UPDATE: Attached Certificate of Service. Resent NDA. 09/01/2011 by TW] (KMJ) |
| 09/01/2011 | 42 1 pg, 80.86 KB |
Filed clerk order: The supplemental brief [41] submitted by The City of Costa Mesa is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a tan cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7879616] (LA) |
| 09/02/2011 | 43 | Received 7 paper copies of Supplemental brief [41] filed by The City of Costa Mesa - sent to panel. [7880825] (DB) |
| 09/02/2011 | 44 6 pg, 56.94 KB |
Filed (ECF) Appellants James Armantrout, Charles Daniel DeJong, Marla James and Wayne Washington Motion to file oversized brief. Date of service: 09/02/2011. [7881382] (MSP) |
| 09/02/2011 | 45 33 pg, 446.59 KB |
Filed (ECF) Appellants James Armantrout, Charles Daniel DeJong, Marla James and Wayne Washington Motion to take judicial notice of exhibits in support of supplemental reply. Date of service: 09/02/2011. [7881401] (MSP) |
| 09/07/2011 | 46 1 pg, 32.59 KB |
Filed order (HARRY PREGERSON, RAYMOND C. FISHER and MARSHA S. BERZON): Appellants' September 2, 2011 motion to exceed type volume limitations in their reply to amicus curiae and request to take judicial notice of Exhibits 1-6 in support of their reply to amicus curiae are GRANTED. [7885164] (AF) |
| 09/07/2011 | 47 1 pg, 80.88 KB |
Filed clerk order: The supplemental brief [40] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, with a tan cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. [7885177] (LA) |
| 09/07/2011 | 48 | Received 7 paper copies of Supplemental brief [40] filed by appellants.(Sent to panel) [7888043] (SD) |
| 09/23/2011 | 49 14 pg, 140.16 KB |
Filed (ECF) Appellee The City of Costa Mesa reply to response (,motion to take judicial notice). Date of service: 09/23/2011. [7904691] --[COURT UPDATE: Replaced PDF (now text searchable and footnote font size has been corrected). Resent NDA. 09/23/2011 by DB] (KMJ) |
| 01/31/2012 | 50 48 pg, 1.53 MB |
Filed (ECF) Appellants James Armantrout, Charles Daniel DeJong, Marla James and Wayne Washington EMERGENCY Motion for injunction pending appeal. Date of service: 01/31/2012. [8051754] (MSP) |
| 02/03/2012 | 51 2 pg, 40.06 KB |
Filed order (HARRY PREGERSON, RAYMOND C. FISHER and MARSHA S. BERZON) Appellants' January 31, 2012 emergency motion to enjoin closure actions is denied, without prejudice to their filing a new action in the district court. Appellants request this court to enjoin the United States of America from taking action against patient collectives in the City of Costa Mesa. The United States is not a party to this action. See Bayshore Ford Trucks Sales, Inc., 471 F.3d 1233, 1249 n.34 (11th Cir. 2006) ("An amicus curiae does not become a party to the case, and thus is not subject to the in personam jurisdiction of the court."). Accordingly, we may not issue an injunction binding the United States. See Fed. R. Civ. P. 65(d)(2)(A)-(C); see also Zepeda v. U.S. I.N.S., 753 F.2d 719, 727 (9th Cir. 1985) ("A federal court may issue an injunction if it has personal jurisdiction over the parties and subject matter jurisdiction over the claim; it may not attempt to determine the rights of persons not before the court."). Appellants also request this court to enjoin the City of Costa Mesa from taking action against patient collectives located therein. Appellants have not presented evidence that the City of Costa Mesa is acting in concert with the federal government. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008). DENIED. [8055607] (SM) |